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State v. Hundley, 236 Kan. 461, 693 P.2d 475

Facts

Betty Hundley endured a decade of severe abuse from her husband, Carl, who had physically assaulted her multiple times and threatened her life. On January 13, 1983, after Carl broke into her motel room and assaulted her again, Betty, feeling threatened, retrieved a gun and shot him. The shooting occurred after Carl had taunted her and threatened her life, leading to a chaotic confrontation where Betty fired multiple shots.

The married life of Carl and Betty Hundley had been a tumultuous one. They had been married approximately ten years. During that time Carl had subjected Betty to much abuse.

Issue

Did the trial court err in using the term 'immediate' instead of 'imminent' in the self-defense instruction, thereby affecting the jury's consideration of the history of abuse?

Under the facts of this case, it is held: The PIK Criminal self-defense instruction utilizing the word “immediate” instead of the statutory word “imminent” caused reversible error.

Rule

When self-defense is asserted, evidence of the deceased's long-term cruelty and violence directed toward the defendant is admissible, and jury instructions must accurately reflect the law regarding self-defense.

When self-defense is asserted, evidence of the deceased's long-term cruelty and violence directed toward the defendant is admissible.

Analysis

The court found that the use of 'immediate' in the self-defense instruction improperly restricted the jury's consideration of the long-term abusive relationship between Betty and Carl. The court emphasized that the term 'imminent' would allow the jury to consider the cumulative effects of the abuse, which were critical to understanding Betty's perception of threat at the time of the shooting.

Thus, we can see from this brief synopsis that there is no easy answer to why battered women stay with their abusive husbands. Quite likely emotional and financial dependency and fear are the primary reasons for remaining in the household.

Conclusion

The Supreme Court reversed the trial court's decision and remanded the case for a new trial, ruling that the incorrect jury instruction constituted reversible error.

The judgment of the trial court is reversed and this case is remanded for a new trial.

Who won?

Betty Hundley prevailed in her appeal because the Supreme Court found that the trial court's jury instruction was erroneous and prejudicial to her defense.

There can be no doubt from the evidence that the deceased was a violent, brutal man who had repeatedly attacked and injured his wife over a number of years.

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